사이버안전 관련 국제규범의 정립을 위한 연구

Abstract

In recent years, several efforts to combat threats posed in cyberspace have been made globally and states have been increasing their efforts to prepare for future cyber attack. In this regard, this article examine how to address cyber security issues throughout introduction of international legal regimes. There is a broad range of hostile or malicious action in cyberspace such as cyber war, cyber espionage and cyber crime. Imprecision in terminology hampers serious discussion of these issues. Part I examines how these blurring concept of cyber conflicts can be clarified to derive legal countermeasures against concurrent phenomenon. Cyber war can be defined as the use of force to cause damage, destruction or casualties for military purpose targeting an opponent state. Provided that cyber war using cyber weapons constitutes international armed conflict, principles of the U.N. Charter and International Humanitarian Law are applicable to cyber war. Regarding protection of private and civilian facilities which does not fall within the scope of military objective, international cooperation system must be implemented for cyber security throughout introduction of related international organizations. Contrary to the cyber war, cyber espionage is difficult to be regulated by international norms. Although it may be interpreted as electronic preparation of battlefield, it is neither plausible to investigate all of the spy action nor apply the law of armed conflict. Cyber crime, intended cyber attack by individuals, is technically differentiated with cyber war. The identity of those who engage in these crimes, however, can be indeterminate, and these activities overlap with cyber war at some extent. Part II explore into several cyber security strategy, especially one of the U.S., to create and secure international agenda for cyber defense. This part first examines whether cyber deterrence strategy would work based on a state's public discussion. The paper further analyze the blue print of the international treaty on the use of cyber weapons reflecting fundamental characters of cyber threats. The author finally derive the necessity of international agreements to prohibit cyber attacks towards civilian and non-governmental facilities.